Get free answers to your Divorce legal questions from lawyers in your area.
Your current state is Ohio
my spouse left me after 10 years, just walked out flew around the world in 30 day to someone else, they were talking before it ended. not sure if that matters, we aren't divorced yet.
we rent, I told her to take whatever she wante in apt, I gave her one of the cars, it was old, she... View More 
answered on Nov 21, 2024
Marital assets and debts are considered in the equitable division of a marital estate. In New Jersey, the statute governing the equitable division of marital property in divorce cases is found in N.J.S.A. 2A:34-23. This statute outlines the guidelines for the division of assets and liabilities in... View More
So my order states that I have take my son to his sport event this was made when my son had jujutsu and was a 20 mins drive so my son's father now put him in wrestling a new sport which I was fine with his father went to send me the schedule and I stated to him that I had no problem getting... View More
answered on Nov 21, 2024
Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More
My salary is $110k. Hers is $135k. We have three kids.
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answered on Nov 19, 2024
Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More
I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More
answered on Nov 18, 2024
You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More
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answered on Nov 14, 2024
Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of... View More
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answered on Nov 12, 2024
You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:
1. Organize Your Financial Documents
List Your Assets and Debts: It’s important to have a comprehensive list of your... View More
He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids
answered on Nov 11, 2024
It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying... View More
A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?
answered on Nov 6, 2024
With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More
I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More
answered on Nov 5, 2024
This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More
from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.
answered on Nov 4, 2024
Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More
He is a narcissist
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answered on Oct 30, 2024
There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.
I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More
answered on Oct 30, 2024
Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More
The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to... View More
answered on Oct 29, 2024
In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3... View More
answered on Oct 28, 2024
There are three kinds of spousal support in Oregon:
Transitional
Compensatory, and
Maintenance.
Transitional support helps pay for education or training so that a divorced spouse can find work, change careers, or advance in the job market. Transitional spousal... View More
answered on Oct 25, 2024
If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More
My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?
answered on Oct 23, 2024
How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More
Regards video and audio recording. Is there an exception for possible domestic abuse scenario
answered on Oct 23, 2024
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More
I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!
answered on Oct 23, 2024
Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More
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